A defendant pointed a realistic toy gun at a cashier and demanded that the cashier open the register. The cashier, terrified, opened the register, and the defendant took the cash. Which statement best describes robbery?...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 222.1
Police required a suspect in a voice lineup to repeat the phrase used by a robber during the crime so a witness could listen for the robber's voice. The suspect argues that being forced to speak violated the Fifth Amendm...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, United States v. Dionisio, United States v. Wade
A tenant had permission to enter a neighbor's apartment to feed a cat while the neighbor traveled. The tenant entered during the evening intending to feed the cat. Once inside, he became angry about a past dispute and li...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1, Model Penal Code 221.1
...reasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
Two people agreed to commit a crime that, by definition, requires the voluntary participation of exactly those two people. No one else joined the plan, and the agreement did not create a broader criminal project. Which s...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A buyer falsely told a boat owner, "My cashier's check has already cleared, and my bank confirmed the funds," knowing the check was fake. Relying on that statement, the owner signed over the boat title and handed the buy...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3, Model Penal Code 223.4
A collector owned a rare watch. A jeweler falsely told the collector, "I need to inspect the watch for one hour to confirm whether it is real," while intending to sell it. The collector handed over the watch but said, "B...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.3, Model Penal Code 223.8
A defendant maliciously set fire to curtains inside another person's occupied house. The flames charred a wooden window frame before being extinguished. Which statement best describes common-law arson? The best answer st...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 220.1
A defendant told a business owner, "Pay me $10,000 by Friday or I will falsely accuse you online of stealing from customers." The owner paid because of the threat. Which statement best describes extortion? The best answe...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.4
A defendant took a bicycle from a rack without permission intending only to ride it around the block and return it. After riding for several minutes, he decided to keep it and hid it in his garage. Which statement best d...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A delivery-company manager was authorized to collect customer payments and deposit them weekly into the company's account. After receiving $12,000 in customer payments, the manager used $5,000 to pay his personal rent, p...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.2, Model Penal Code 223.6
A nonprofit treasurer had authority to hold donation checks in the nonprofit's bank account and pay approved expenses. The treasurer transferred $6,000 of donation money to his personal account and used it for a vacation...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.8
A pawnshop owner bought five new laptops for $100 each from a stranger in an alley after the stranger said, "These came from a school break-in, but nobody can trace them." The pawnshop owner resold two laptops the next d...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.6
A person falsely told a neighbor he needed to borrow the neighbor's camera for one hour to photograph storm damage. The neighbor handed over the camera but expected it back the same day. The person immediately sold it. W...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 223.3
A shopper put a store's diamond bracelet into his coat pocket, intending to keep it, and walked toward the exit. Store security stopped him before he left the building. Which statement best describes larceny? The best an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law
A shopper slipped an expensive camera into his backpack while inside an electronics store, intending to keep it. A security guard confronted him near the exit and grabbed the backpack. The shopper shoved the guard hard e...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1, Model Penal Code 222.1
...t unlocked window of another person's house, climbed inside intending to steal jewelry, and was caught before touching anything. Which statement best describes common-law burglary? The best answer states the common-law b...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 221.1
A defendant asked a courier to deliver illegal drugs to a buyer, saying, "Take this package across town and sell it for me." The courier agreed. The defendant then drove the courier to the buyer's apartment and waited ou...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05
A defendant planned to steal rare coins from a locked office. He bought lock picks, studied the building's camera schedule, and texted a friend, "Tonight I take the coins." At midnight, he entered the building with the l...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
A defendant sent a text to an acquaintance saying, "Burn my competitor's delivery truck tonight and I will pay you $2,000." The acquaintance immediately refused and called police. Which statement best describes solicitat...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02
A defendant solicited a friend to burn a car, took a substantial step toward helping, agreed with the friend to do it, and then the friend actually burned the car. Prosecutors charge solicitation, attempt, conspiracy, an...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.05
A friend knew that a burglar planned to steal laptops from a school at night. The friend agreed to text if a security guard approached, saying, "I do not want anyone hurt, but I will warn you if someone comes." The frien...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.06
A store owner wanted to collect insurance proceeds on an old warehouse. He told a driver, "I will pay you $5,000 to burn the warehouse Friday night." The driver was an undercover officer. The driver said, "I am in," and...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.02, Model Penal Code 5.03
...ge amount of whiskey, a man entered a warehouse at night, picked up a toolbox, and walked toward the loading dock. When a guard stopped him, the man swung the toolbox and struck the guard. The man is charged with burglar...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.08
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